******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) BRUCE K. EDMARK ) WPIP670, WPIP687 ) WPIR920, WPIR963 Request for Reinstatement of Private) Carrier Paging Stations ) ORDER Adopted: September 30, 1999 Released: October 1, 1999 By the Deputy Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. By letter dated February 16, 1999, CGS Communications Corporation (CGS) filed a request, on behalf of Bruce K. Edmark (Edmark), seeking reinstatement of the captioned station licenses (Reinstatement Request). Edmark received the captioned licenses in November 1995. After receiving no response from the FCC Form 800-A and 800-B letters sent to Edmark requesting certification that these stations had been constructed, the Licensing and Technical Analysis Branch (Branch) terminated the licenses on August 17, 1998. On December 12, 1998, Edmark filed a waiver request seeking additional time to construct the stations. That request was denied by the Branch on February 8, 1999. For the reasons discussed below, we deny the Reinstatement Request. 2. In the Reinstatement Request, CGS and Edmark state that Edmark never received an FCC Form 800-A or 800-B letters regarding the captioned stations and "therefore felt he could not properly notify the Commission of construction." While he may or may not have received the FCC Form 800-A or 800-B letters, the Branch sent Edmark FCC Form 800-H letters for each station by certified mail. The letters were delivered and signed for by Emily Edmark on September 3, 1997. The letters notified Edmark that he had failed to respond to two earlier letters requesting verification that he had constructed the stations, and further notified Edmark that the Branch was cancelling the station authorizations. 3. In addition, based on the record in this proceeding, including statements made in the Reinstatement Request, it appears that Edmark constructed the stations while the waiver request was pending before the Branch in early 1999. Specifically, CGS states that the stations "were constructed after Mr. Edmark learned form (sic) knowledgeable sources that his request for extension of time to construct would be denied." In addition, the Reinstatement Request includes FCC Form 800-A letters certifying that the stations were constructed in October 1996, which seems to contradict Edmark's actions in filing his waiver request. Specifically, Edmark filed his waiver request on December 12, 1998. CGS and Edmark fail to explain why Edmark filed a request for waiver of the construction deadline over two years after the date it now alleges it constructed the stations. Other than the statement that CGS has constructed the stations while the waiver request was apparently pending before the Branch, Edmark presents no arguments for reinstating the station licenses. Accordingly, we deny Edmark's request for reinstatement. 4. Accordingly, IT IS ORDERED that pursuant to authority delegated by sections 4(i) and 405 of the Communications Act, as amended, 47 U.S.C.  154(i), 405, and by sections 0.331, 1.106, and 90.149 of the Commission's rules, 47 C.F.R.  0.331, 1.106, and 90.149, the request for reinstatement filed by Bruce K. Edmark IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Cynthia S. Thomas Deputy Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau